Terms of Service

"Customer" means the individual, company, organization, or other legal entity that accesses or uses the Services, including anyone using the Services on that entity's behalf.

"Authorized User" means an employee, contractor, consultant, client representative, or other individual invited or permitted by Customer to access the Services under Customer's account or organization.

"Services" means the cloud-based electrical engineering analysis platform, APIs, documentation, beta features, AI features, reports, exports, and related services provided by ekx power systems, including load flow, short-circuit, sizing, diagramming, and study-support workflows.

"Subscription" means the Customer's right to access and use the Services during the Subscription Term, subject to payment of applicable fees.

"Subscription Term" means the monthly, annual, lifetime, trial, beta, or other access period shown at checkout, in the applicable order, or in the Customer's account.

"Customer Data" means any data, information, or material submitted or uploaded by Customer to the Services, including one-line diagrams, equipment data, and calculation parameters.

"Output" means calculations, reports, exports, diagrams, suggested settings, analysis results, AI responses, generated content, and other material produced by the Services from Customer Data.

"Studies" means engineering calculations performed by the Services, including but not limited to load flow analysis, short-circuit analysis, feeder sizing, equipment checks, and related engineering aids.

"ekx AI" means the artificial intelligence features integrated into the Services that assist with diagram creation, data entry, and analysis.

Agreement. By creating an account, accessing the Services, clicking to accept these Terms, inviting users, using a paid plan, or otherwise using the Services, Customer agrees to these Terms.

Authority. If an individual uses the Services on behalf of a company, partnership, firm, public body, or other organization, that individual represents that they have authority to bind that organization to these Terms.

Business Use. The Services are intended for professional, commercial, educational, or internal business use by qualified users. The Services are not intended for household, personal, or consumer use.

Order of Terms. If ekx power systems and Customer sign a separate written agreement or order form, that signed agreement controls to the extent it expressly conflicts with these online Terms. Otherwise, these Terms govern Customer's access to and use of the Services.

Account Information. Customer must provide accurate account, billing, and organization information and keep that information current.

Account Security. Customer is responsible for maintaining the confidentiality of login credentials, session access, API keys, and other authentication materials. Customer is responsible for all activity under its accounts, organizations, projects, and API keys, whether authorized by Customer or caused by Customer's failure to secure access.

Authorized Users. Customer may permit Authorized Users to use the Services only for Customer's benefit and in accordance with these Terms. Customer is responsible for Authorized Users' compliance with these Terms.

Organization Administration. Organization owners, admins, and billing admins may manage members, roles, billing, organization settings, project access, defaults, reference tables, and related workspace controls. Customer is responsible for selecting appropriate administrators and for any action taken by those administrators.

Project Ownership and Permissions. Project owners and organization administrators may control project visibility, project roles, invitations, transfer of ownership, archiving, deletion, and access to project data. Customer is responsible for managing these permissions and for retaining its own records before deleting or transferring projects.

Invitations. Customer is responsible for invitations sent from the Services and for confirming that invitees are authorized to access the relevant organization, project, or Customer Data.

License Grant. Subject to the terms of this Agreement, ekx power systems grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription Term solely for Customer's internal business purposes and permitted client work.

Permitted Client Work. Customer may use the Services to prepare engineering work product for Customer's clients, provided Customer remains responsible for professional review, final deliverables, and compliance with these Terms.

Prohibited Uses. Customer shall not: (a) sublicense, sell, resell, lease, rent, or redistribute the Services; (b) use the Services to operate a competing product, benchmarking service, bureau service, or hosted service for third parties except for permitted client work; (c) reverse engineer, decompile, disassemble, scrape, crawl, or attempt to derive source code, algorithms, models, prompts, or non-public methods from the Services; (d) attempt to gain unauthorized access to the Services or related systems; (e) bypass, disable, or interfere with security, authentication, billing, usage limits, rate limits, or feature gates; (f) use the Services to store or transmit malicious code, unlawful content, or infringing material; (g) interfere with or disrupt the integrity or performance of the Services; (h) use automated systems in a manner that creates unreasonable load; (i) remove proprietary notices; or (j) use the Services in violation of applicable law or professional obligations.

Proprietary Rights. The Services, including all software, algorithms, user interfaces, and documentation, are proprietary to ekx power systems and protected by intellectual property laws. Customer acquires no ownership rights in the Services.

Feedback. If Customer provides suggestions, comments, ideas, bug reports, or other feedback, ekx power systems may use that feedback without restriction or obligation, provided ekx power systems does not disclose Customer's confidential Customer Data.

Open Source. The Services may incorporate open-source software components. Open-source components are licensed under their respective licenses, and a list of such components and licenses is available upon request.

Plan Features. Access to features, projects, buses, collaborators, exports, support levels, AI credits, organization features, and other limits depends on Customer's plan, billing period, and account status.

Usage Limits. ekx power systems may enforce reasonable usage limits, rate limits, storage limits, API limits, project limits, seat limits, AI credit limits, export limits, and other technical controls to protect the Services and other customers.

Unlimited Plans. If a plan describes a feature as "unlimited," that means ordinary and reasonable use for Customer's own internal business and permitted client work. Unlimited plans do not permit abusive, automated, resale, service-bureau, high-volume, or infrastructure-like use that materially exceeds typical customer usage or harms the Services.

AI Credits. AI credits, if included in a plan, are usage allowances for AI-powered features. Credits may reset at the start of a billing cycle, may not roll over, may be consumed at different rates depending on feature and model usage, and may be unavailable if AI features are disabled, suspended, or discontinued.

API Use. API access is subject to authentication, scopes, rate limits, and documentation. Customer is responsible for safeguarding API keys, rotating compromised keys, and ensuring that API use complies with these Terms.

Feature Changes. ekx power systems may add, remove, modify, limit, reprice, or discontinue features, plans, limits, beta features, AI features, APIs, integrations, and documentation from time to time. Material changes to paid plans will be handled as described in the Billing section.

Free Trial. ekx power systems may offer a free trial period. Trial length, trial features, trial limits, and whether a payment method is required will be shown in the Services or at checkout. At the end of the trial, Customer must subscribe to continue using paid features.

Fees. Customer agrees to pay all fees specified in the applicable pricing plan, checkout page, order form, invoice, or account settings. Fees may be charged in advance on a monthly, annual, lifetime, per-seat, usage-based, or other stated basis.

Auto-Renewal. Subscriptions automatically renew for successive periods unless cancelled before the renewal date. Customer authorizes ekx power systems and its payment processor to charge the payment method on file for renewal fees, taxes, and applicable charges.

Cancellation. Customer may cancel a self-serve subscription through account settings or another cancellation method made available by ekx power systems. Cancellation takes effect at the end of the current paid billing period unless otherwise stated. Customer remains responsible for charges incurred before cancellation.

No Refunds. All fees are non-refundable except as required by law. If you cancel your subscription, you will retain access until the end of the current billing period.

Plan Changes. Upgrades may take effect immediately and may result in prorated or immediate charges. Downgrades may take effect at the next renewal date and may reduce limits, features, storage, collaborators, AI credits, or access to exports. Customer is responsible for exporting or reducing data before a downgrade if needed.

Failed Payments. If payment fails or becomes overdue, ekx power systems may retry payment, suspend access, downgrade the account, disable paid features, or terminate the Subscription after reasonable notice. Customer remains responsible for unpaid amounts.

Lifetime Plans. A lifetime plan, if offered, means access to the covered paid plan features for the commercial life of the Services as offered by ekx power systems, subject to these Terms. It does not guarantee perpetual availability of every feature, third-party service, AI model, integration, support level, or product line.

Promotions and Discounts. Promotional pricing, coupons, discounts, grandfathered pricing, and free credits may be limited in time, scope, availability, quantity, or eligibility and may be changed or discontinued unless a separate written agreement states otherwise.

Price Changes. ekx power systems may change pricing upon sixty (60) days' prior written notice for paid renewals. Price changes will take effect at the start of the next billing period after notice unless otherwise stated in a signed agreement.

Taxes. All fees are exclusive of applicable taxes. Customer is responsible for all taxes, duties, and levies arising from the purchase of Services.

Term. This Agreement commences when Customer first accesses the Services and continues until terminated.

Termination for Convenience. Either party may terminate this Agreement at any time by providing written notice. If Customer terminates, access continues until the end of the current billing period.

Termination for Cause. Either party may terminate immediately if the other party materially breaches this Agreement and fails to cure within thirty (30) days of notice.

Suspension. ekx power systems may suspend or limit access immediately if Customer fails to pay undisputed fees, creates security risk, violates these Terms, exceeds usage limits, uses the Services unlawfully, or if suspension is needed to protect the Services, other customers, or third-party providers.

Effect of Termination. Upon termination: (a) Customer's access to the Services will cease; (b) Customer may export Customer Data for thirty (30) days following termination if export functionality remains available and the account is not terminated for security or legal reasons; (c) after such period, ekx power systems may delete Customer Data; and (d) Customer remains responsible for unpaid fees.

Survival. Sections concerning ownership, Customer Data licenses needed for wind-down, payment obligations, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, and other terms that by their nature should survive will survive termination.

Ownership. Customer retains all rights in Customer Data. Customer grants ekx power systems a limited license to host, copy, process, transmit, display, modify, analyze, back up, and otherwise use Customer Data solely to provide, secure, support, maintain, and improve the Services, comply with law, and enforce these Terms.

Privacy. ekx power systems will process Customer Data in accordance with its Privacy Policy.

Confidentiality. ekx power systems will treat non-public Customer Data as confidential and will not disclose it except as described in these Terms, the Privacy Policy, with Customer's permission, to service providers acting on ekx power systems' behalf, as required by law, or as needed to protect the Services and enforce these Terms.

Customer Responsibility. Customer is responsible for the accuracy, quality, legality, reliability, and appropriateness of Customer Data. Customer represents that it has all rights and permissions required to submit Customer Data to the Services and to permit ekx power systems to process it.

Sensitive Data. Customer must not submit regulated, classified, export-controlled, health, payment-card, highly sensitive personal information, or other sensitive data unless the Services expressly support that data type and ekx power systems has agreed in writing to process it.

Support Access. ekx power systems personnel may access Customer Data only where reasonably necessary to provide support requested by Customer, troubleshoot the Services, investigate security or abuse issues, comply with law, or maintain and improve the Services.

Backups and Exports. ekx power systems may maintain backups for operational resilience, but Customer is responsible for maintaining its own copies of critical project records, reports, and engineering deliverables. The Services are not a records-retention, archival, or disaster-recovery service for Customer.

Inactivity. Accounts inactive for one hundred eighty (180) consecutive days may be subject to data deletion. ekx power systems will provide thirty (30) days' notice before deleting data due to inactivity.

Aggregated Data. ekx power systems may use aggregated, anonymized data derived from Customer's use of the Services for product improvement, provided such data cannot identify Customer or any individual.

AI Availability. ekx AI features may be experimental, usage-limited, disabled by default, changed, suspended, or discontinued. Availability may depend on Customer's plan, third-party AI providers, model availability, rate limits, and ekx power systems' feature settings.

AI Inputs. Customer is responsible for prompts, uploaded files, images, PDFs, diagrams, device data, and other content submitted to ekx AI. Customer must not submit content that Customer is not authorized to process through AI features.

AI Output. As between Customer and ekx power systems, Customer owns Output generated by ekx AI features from Customer's prompts and Customer Data, subject to ekx power systems' ownership of the Services and any third-party rights. ekx power systems does not claim ownership of Customer's AI Output.

AI Accuracy. AI Output may be inaccurate, incomplete, unsafe, non-unique, outdated, or unsuitable for Customer's use. AI Output must be reviewed by a qualified person before being relied on, copied into engineering records, used for design, used for safety decisions, or provided to a client or authority.

No Professional Advice. ekx AI does not provide professional engineering advice, legal advice, code interpretations, procurement approvals, or safety approvals. Customer remains responsible for all professional judgment and final decisions.

Third-Party Providers. AI features may use third-party AI providers. Customer Data submitted to AI features may be processed by those providers as described in the Privacy Policy or applicable provider terms. ekx power systems may change AI providers or models without notice.

AI Credits and Abuse. ekx power systems may throttle, limit, suspend, or block AI use that exceeds plan limits, creates excessive cost or load, attempts prompt injection or model extraction, violates law, or otherwise creates risk to the Services.

Engineering Aid Only. ekx power systems provides power system analysis tools intended to assist qualified electrical engineers and other trained professionals. The Services and all Output are engineering aids only.

Input Dependency. Studies and Output are based on Customer Data, assumptions, selected standards, reference tables, device data, utility data, manufacturer data, model settings, and calculation methods implemented in the Services. Incomplete, inaccurate, outdated, or incorrectly modeled input can produce incorrect Output.

PROFESSIONAL RESPONSIBILITY. Customer acknowledges that:

• All results should be verified by a qualified professional engineer before being relied upon for design, specification, or safety decisions
• The Services do not replace professional engineering judgment
• Customer is solely responsible for validating calculations against applicable codes, standards, laws, client requirements, manufacturer instructions, utility requirements, authority requirements, and project specifications
• Final engineering decisions and professional responsibility remain with the licensed professional engineer of record
• ekx power systems is not a licensed engineering firm and does not provide professional engineering services

• Customer is responsible for confirming the correct code edition, jurisdiction, voltage levels, fault data, equipment ratings, conductor data, protective device data, protection settings, assumptions, and safety margins

No Stamped Deliverables. Reports, exports, labels, diagrams, settings, and other Output are not stamped engineering deliverables, construction documents, safety approvals, procurement approvals, or code-compliance certifications unless separately reviewed and issued by Customer's licensed professional engineer of record.

Safety-Critical Use. Customer must not rely solely on the Services for energized work, arc flash labels, protection settings, equipment purchasing, field switching, construction, commissioning, safety procedures, or life-safety decisions. Customer must independently verify all safety-critical information.

Standards and Reference Data. The Services may include code rules, reference tables, equipment defaults, examples, templates, and calculation methods. Customer is responsible for confirming that these are current, applicable to the project jurisdiction, and appropriate for the specific installation.

Limited Warranty. ekx power systems warrants that the paid Services will perform materially in accordance with the applicable documentation during the Subscription Term.

Exclusive Remedy. For breach of the limited warranty, Customer's exclusive remedy and ekx power systems' sole liability is to use commercially reasonable efforts to correct the nonconformity or, if ekx power systems cannot do so, to terminate the affected paid Subscription and refund prepaid unused fees for the affected period.

Beta Services. Beta, preview, experimental, free, trial, AI, sample, and evaluation features are provided as-is without warranty and may be modified or discontinued at any time without notice.

DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EKX POWER SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EKX POWER SYSTEMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Availability. ekx power systems will use commercially reasonable efforts to make the paid Services available, but does not guarantee uninterrupted availability, uptime, error-free operation, or recovery of all data unless a separate written service-level agreement states otherwise.

Maintenance. The Services may be unavailable during planned maintenance, emergency maintenance, deployments, security updates, provider outages, or events outside ekx power systems' reasonable control.

Support. Support availability, channels, response targets, and priority depend on Customer's plan or separate written agreement. Community, email, priority, beta, and free-plan support do not create guaranteed response or resolution times unless expressly stated in writing.

Third-Party Services. The Services may depend on hosting providers, payment processors, authentication providers, AI providers, analytics providers, email providers, and other third-party services. ekx power systems is not responsible for third-party services, outages, acts, omissions, terms, or data practices except to the extent required by law.

Security. ekx power systems uses reasonable technical and organizational safeguards designed to protect the Services, but no internet service, cloud platform, AI provider, or electronic storage system can be guaranteed completely secure.

Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKX POWER SYSTEMS' TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100) IF CUSTOMER USED ONLY FREE SERVICES.

Exclusion of Damages. IN NO EVENT SHALL EKX POWER SYSTEMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, USE, REPUTATION, OR PROFESSIONAL FEES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EKX POWER SYSTEMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Engineering Reliance. EKX POWER SYSTEMS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM CUSTOMER'S RELIANCE ON CALCULATIONS, AI OUTPUT, REPORTS, EXPORTS, DEVICE DATA, SETTINGS, OR ANALYSIS WITHOUT INDEPENDENT VERIFICATION BY A QUALIFIED PROFESSIONAL ENGINEER.

Excluded Claims Where Not Permitted. Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the limitations apply to the maximum extent permitted by law.

Essential Purpose. The limitations in this section apply even if any limited remedy fails of its essential purpose.

Customer Indemnity. Customer will defend, indemnify, and hold harmless ekx power systems and its officers, directors, employees, contractors, and agents from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from or relating to: (a) Customer Data; (b) Customer's or Authorized Users' use of the Services; (c) Customer's breach of these Terms; (d) Customer's violation of law, professional obligations, third-party rights, or client obligations; (e) engineering, design, safety, procurement, construction, commissioning, or field decisions made by Customer or its clients; (f) reliance on Output without required professional review; or (g) disputes between Customer and its clients, employees, contractors, consultants, or Authorized Users.

Process. ekx power systems will provide reasonable notice of an indemnified claim and reasonable cooperation at Customer's expense. Customer may not settle a claim in a manner that admits fault by ekx power systems or imposes obligations on ekx power systems without ekx power systems' prior written consent.

Legal Compliance. Customer is responsible for using the Services in compliance with all applicable laws, regulations, codes, standards, procurement rules, professional rules, privacy obligations, export controls, sanctions, and client requirements.

Export Controls and Sanctions. Customer may not access, use, export, re-export, or transfer the Services in violation of Canadian, United States, or other applicable export control or sanctions laws. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive sanctions and is not listed on a restricted party list.

Government Use. If Customer is a government, public-sector body, or contractor using the Services for government work, Customer is responsible for ensuring that procurement, security, confidentiality, records, accessibility, and data-residency requirements are identified before use. No government-specific terms apply unless accepted by ekx power systems in a signed writing.

No High-Risk Use. Customer may not use the Services as the sole basis for decisions where failure could lead to death, personal injury, severe environmental damage, or major property damage.

Service Changes. ekx power systems may improve, modify, replace, limit, suspend, or discontinue parts of the Services from time to time. ekx power systems will use reasonable efforts to avoid materially reducing paid core functionality during a paid Subscription Term without notice or a commercially reasonable alternative.

Terms Changes. ekx power systems may modify these Terms by posting updated terms to its website or providing notice through the Services or by email. Material changes will not apply retroactively unless required by law or needed to address security, abuse, fraud, or legal risk.

Acceptance of Changes. Continued use of the Services after updated Terms become effective constitutes acceptance of the modified Terms. If Customer does not agree to the updated Terms, Customer must stop using the Services and may cancel the Subscription as described above.

Governing Law. This Agreement is governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution. Any dispute arising under this Agreement shall be resolved by binding arbitration administered by ADR Institute of Canada in accordance with its arbitration rules. The arbitration shall take place in Saskatoon, Saskatchewan, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, account security, or unauthorized access to the Services.

Class and Representative Actions. To the maximum extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff or class member in a class, collective, representative, or consolidated proceeding.

Notices. ekx power systems may provide notices by email, through the Services, by posting to its website, or by other reasonable means. Customer may send legal notices to [email protected] unless ekx power systems designates another notice address.

Assignment. Customer may not assign these Terms or transfer a Subscription without ekx power systems' prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided the successor agrees to these Terms. ekx power systems may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or change of control.

Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, provider outages, government action, epidemic, pandemic, or other events of similar nature.

Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, understandings, and communications.

Waiver. Failure to enforce a provision is not a waiver of the right to enforce that provision later.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact. Questions about these Terms should be directed to [email protected].